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(영문) 서울남부지방법원 2015.04.10 2015노128
특정범죄가중처벌등에관한법률위반(도주차량)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (one year and six months of imprisonment) of the lower court is too unhued and unreasonable.

2. The judgment of the Defendant, as a taxi engineer, runs away without any rescue and relief measures even though the Defendant was faced with serious injury by shocking the victim of the crosswalk, and the crime is not good, and the agreement with the victim is not reached is disadvantageous to the Defendant.

The defendant recognizes his mistake and reflects his depth, the vehicle driven by the defendant is insured by the Financial Cooperative, the defendant has no record of the same crime and there is no criminal record of the suspension of execution or higher, etc. are favorable to the defendant.

In light of the above, comprehensively taking into account the Defendant’s age, character and conduct, family environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the sentence imposed by the lower court is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s above assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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